§7501. Definitions — Inbound Citations
5 U.S.C. § 7501
Cited by 34 provisions in release 119-102.
Citations to §7501(1)
-
(a) Under regulations prescribed by the Office of Personnel Management, an employee may be suspended for 14 days or less for such cause as will promote the efficiency of the service (including discourteous conduct to the public confirmed by an immediate supervisor’s report of four such instances within any one-year period or any other pattern of discourteous conduct).
-
(b) An employee against whom a suspension for 14 days or less is proposed is entitled to—(1) an advance written notice stating the specific reasons for the proposed action;(2) a reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;(3) be represented by an attorney or other representative; and(4) a written decision and the specific reasons therefor at the earliest practicable date.
-
(c) Copies of the notice of proposed action, the answer of the employee if written, a summary thereof if made orally, the notice of decision and reasons therefor, and any order effecting1 the suspension, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee’s request.
-
(1) “employee” means—(A) an individual in the competitive service—(i) who is not serving a probationary or trial period under an initial appointment; or(ii) who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less;(B) a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions—(i) in an Executive agency; or(ii) in the United States Postal Service or Postal Regulatory Commission; and(i) who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or(ii) who has completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less;
-
(b) This subchapter does not apply to an employee—(1) whose appointment is made by and with the advice and consent of the Senate;(2) whose position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by—(B) the Office of Personnel Management for a position that the Office has excepted from the competitive service; or(C) the President or the head of an agency for a position excepted from the competitive service by statute;(3) whose appointment is made by the President;(4) who is receiving an annuity from the Civil Service Retirement and Disability Fund, or the Foreign Service Retirement and Disability Fund, based on the service of such employee;(5) Repealed. Pub. L. 114–328, div. A, title V, § 512(c), Dec. 23, 2016, 130 Stat. 2112.(6) who is a member of the Foreign Service, as described in section 103 of the Foreign Service Act of 1980;(7) whose position is within the Central Intelligence Agency or the Government Accountability Office;(8) whose position is within the United States Postal Service, the Postal Regulatory Commission, the Panama Canal Commission, the Tennessee Valley Authority, the Federal Bureau of Investigation, an intelligence component of the Department of Defense (as defined in section 1614 of title 10), or an intelligence activity of a military department covered under subchapter I of chapter 83 of title 10, unless subsection (a)(1)(B) of this section or section 1005(a) of title 39 is the basis for this subchapter’s applicability;(9) who is described in section 5102(c)(11) of this title; or
-
(4) who is receiving an annuity from the Civil Service Retirement and Disability Fund, or the Foreign Service Retirement and Disability Fund, based on the service of such employee;
-
(b) An employee against whom an action is proposed is entitled to—(1) at least 30 days’ advance written notice, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, stating the specific reasons for the proposed action;(2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;(3) be represented by an attorney or other representative; and(4) a written decision and the specific reasons therefor at the earliest practicable date.
-
(1) at least 30 days’ advance written notice, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, stating the specific reasons for the proposed action;
-
(d) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title.
-
(e) Copies of the notice of proposed action, the answer of the employee when written, a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Board upon its request and to the employee affected upon the employee’s request.
-
(3) the term “supervisor” means an employee who would be a supervisor, as defined in section 7103(a), if the entity employing the employee was an agency.
-
(a) Notwithstanding other statutes, the head of an agency may suspend without pay an employee of his agency when he considers that action necessary in the interests of national security. To the extent that the head of the agency determines that the interests of national security permit, the suspended employee shall be notified of the reasons for the suspension. Within 30 days after the notification, the suspended employee is entitled to submit to the official designated by the head of the agency statements or affidavits to show why he should be restored to duty.
-
(b) Subject to subsection (c) of this section, the head of an agency may remove an employee suspended under subsection (a) of this section when, after such investigation and review as he considers necessary, he determines that removal is necessary or advisable in the interests of national security. The determination of the head of the agency is final.
-
(c) An employee suspended under subsection (a) of this section who—(1) has a permanent or indefinite appointment;(2) has completed his probationary or trial period; and(3) is a citizen of the United States;is entitled, after suspension and before removal, to—(A) a written statement of the charges against him within 30 days after suspension, which may be amended within 30 days thereafter and which shall be stated as specifically as security considerations permit;(B) an opportunity within 30 days thereafter, plus an additional 30 days if the charges are amended, to answer the charges and submit affidavits;(C) a hearing, at the request of the employee, by an agency authority duly constituted for this purpose;(D) a review of his case by the head of the agency or his designee, before a decision adverse to the employee is made final; and(E) a written statement of the decision of the head of the agency.
-
This subchapter does not impair the powers vested in the Atomic Energy Commission by chapter 23 of title 42, or the requirement in section 2201(d) of title 42 that adequate provision be made for administrative review of a determination to dismiss an employee of the Atomic Energy Commission.
Citations to §7501(2)
-
This subchapter applies to a suspension for 14 days or less, but does not apply to a suspension under section 7521 or 7532 of this title or any action initiated under section 1215 of this title.
-
(b) An employee against whom a suspension for 14 days or less is proposed is entitled to—(1) an advance written notice stating the specific reasons for the proposed action;(2) a reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;(3) be represented by an attorney or other representative; and(4) a written decision and the specific reasons therefor at the earliest practicable date.
-
(c) Copies of the notice of proposed action, the answer of the employee if written, a summary thereof if made orally, the notice of decision and reasons therefor, and any order effecting1 the suspension, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee’s request.
-
(2) “suspension” has the same meaning as set forth in section 7501(2) of this title;
-
(2) a suspension for more than 14 days;
-
(A) a suspension or removal under section 7532 of this title,
-
(2) a suspension;
-
(A) a suspension or removal under section 7532 of this title;
-
(a) Notwithstanding other statutes, the head of an agency may suspend without pay an employee of his agency when he considers that action necessary in the interests of national security. To the extent that the head of the agency determines that the interests of national security permit, the suspended employee shall be notified of the reasons for the suspension. Within 30 days after the notification, the suspended employee is entitled to submit to the official designated by the head of the agency statements or affidavits to show why he should be restored to duty.
-
(c) An employee suspended under subsection (a) of this section who—(1) has a permanent or indefinite appointment;(2) has completed his probationary or trial period; and(3) is a citizen of the United States;is entitled, after suspension and before removal, to—(A) a written statement of the charges against him within 30 days after suspension, which may be amended within 30 days thereafter and which shall be stated as specifically as security considerations permit;(B) an opportunity within 30 days thereafter, plus an additional 30 days if the charges are amended, to answer the charges and submit affidavits;(C) a hearing, at the request of the employee, by an agency authority duly constituted for this purpose;(D) a review of his case by the head of the agency or his designee, before a decision adverse to the employee is made final; and(E) a written statement of the decision of the head of the agency.
-
(A) a written statement of the charges against him within 30 days after suspension, which may be amended within 30 days thereafter and which shall be stated as specifically as security considerations permit;
-
(2) “suspension” has the meaning set forth in section 7501(2) of this title.